Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the discussion that took place in the Committee on the Application of Standards at the 95th Session of the International Labour Conference (June 2006). It notes, in particular, the Government’s explanations regarding the incidents that led to the expulsion of illegal immigrants – a phenomenon on the rise since migrant workers are increasingly transiting through Libyan territory in order to reach European countries. It also notes that the Government flatly denies all allegations about unpaid wages owed to expelled workers considering such claims to be unfounded and undocumented. It also notes the Government’s reference to the ongoing process of amending the labour legislation and its readiness to receive technical assistance from the Office in order to facilitate the full application of ratified ILO Conventions. The Committee understands that a technical assistance mission is being planned in consultation with the Government to follow up on the conclusions of the Conference Committee.

In its last report, the Government reiterates the view that no worker with valid residence or work permit has ever been repatriated but only workers whose status was illegal have been repatriated in coordination with the authorities of their home countries and at the cost of the Libyan Government. The Government states that, as an expression of its goodwill, it stands ready to receive any claim for wages due from any individual, either directly or through a trade union in the worker’s country, regardless of the manner in which the worker might have entered the Libyan Arab Jamahiriya and also regardless of whether he might have obtained or not a formal residence and work permit.

While noting the Government’s explanations, the Committee is bound to recall that all persons to whom wages are paid or payable, including clandestine migrant workers, should enjoy the protection of the Convention and therefore no matter the legal formalities for the deportation of illegal immigrants, any outstanding wage debts for work already performed or services already rendered should be fully honoured. The Committee asks the Government to keep it informed of any further development, especially claims for unpaid wages owed to foreign workers. The Committee would be grateful to be informed of the manner by which foreign workers have been or will be advised that they may recover wages due to them and to be provided with information in respect of any claims that may have received from undocumented foreign workers, or trade unions acting on their behalf, for wages unpaid at the time those workers were deported from the Libyan Arab Jamahiriya. 

As regards the application of Articles 2, 4, 7 and 8 of the Convention, the Committee notes that for some of these provisions the Government refers once more to a new draft labour code which is expected to bring the national legislation into closer conformity with the requirements of the Convention, while for some others it reproduces information which has already been examined and commented upon by the Committee on numerous occasions. The Committee expresses the hope that the Government will avail itself of the forthcoming technical assistance mission of the International Labour Office with a view to clarifying any persistent doubts on the scope and content of the Convention and finally giving full effect to its provisions. The Committee asks the Government to provide full particulars on the measures taken or envisaged following the technical assistance received from the Office with a view to better implementing the Convention. It also asks the Government to forward a copy of the draft labour code in its current form and to keep it informed of any progress made regarding its adoption.